[Federal Register Volume 67, Number 130 (Monday, July 8, 2002)]
[Rules and Regulations]
[Pages 45053-45056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16531]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001-NM-46-AD; Amendment 39-12798; AD 2002-13-10]
RIN 2120-AA64


Airworthiness Directives; McDonnell Douglas Model DC-10-10, -10F, 
-15, -30, -30F, -30F (KC10A and KDC-10), -40, and -40F Airplanes; Model 
MD-10-10F and -30F Airplanes; and Model MD-11 and -11F Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to certain McDonnell Douglas Model DC-10-10, -10F, -15,

[[Page 45054]]

-30, -30F, -30F (KC10A and KDC-10), -40, and -40F airplanes; Model MD-
10-10F and -30F airplanes; and Model MD-11 and -11F airplanes. This AD 
requires repetitive tests for electrical continuity and resistance and 
repetitive inspections to detect discrepancies of the fuel boost/
transfer pump connectors; and corrective actions, if necessary. This 
action is necessary to prevent arcing of connectors in the fuel boost/
transfer pump circuit, which could result in a fire or explosion of the 
fuel tank. This action is intended to address the identified unsafe 
condition.

DATES: Effective August 12, 2002.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of August 12, 2002.

ADDRESSES: The service information referenced in this AD may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: Data 
and Service Management, Dept. C1-L5A (D800-0024). This information may 
be examined at the Federal Aviation Administration (FAA), Transport 
Airplane Directorate, Rules Docket, 1601 Lind Avenue SW., Renton, 
Washington; at the FAA, Los Angeles Aircraft Certification Office, 3960 
Paramount Boulevard, Lakewood, California; or at the Office of the 
Federal Register, 800 North Capitol Street NW., Suite 700, Washington, 
DC.

FOR FURTHER INFORMATION CONTACT: Technical Information: Philip C. Kush, 
Aerospace Engineer, Propulsion Branch, ANM-140L, FAA, Los Angeles 
Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, 
California 90712; telephone (562) 627-5263; fax (562) 627-5210.
    Other Information: Judy Golder, Airworthiness Directive Technical 
Editor/Writer; telephone (425) 687-4241, fax (425) 227-1232. Questions 
or comments may also be sent via the Internet using the following 
address: [email protected]. Questions or comments sent via the 
Internet as attached electronic files must be formatted in Microsoft 
Word 97 for Windows or ASCII text.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal 
Aviation Regulations (14 CFR part 39) to include an airworthiness 
directive (AD) that is applicable to certain McDonnell Douglas Model 
DC-10-10, -10F, -15, -30, -30F (KC-10A and KDC-10), -40, and -40F 
series airplanes; Model MD-10-10F and -30F series airplanes; and Model 
MD-11 and -11F series airplanes; was published in the Federal Register 
on September 20, 2001 (66 FR 48388). That action proposed to require 
repetitive tests for electrical continuity and resistance and 
repetitive inspections to detect discrepancies of the fuel boost/
transfer pump connectors; and corrective actions, if necessary.

Explanation of New Relevant Service Information

    Since the issuance of the proposed AD, the manufacturer has issued 
Boeing Alert Service Bulletin DC10-28A228, including Appendix, Revision 
02, dated December 7, 2001. The proposed AD refers to the original 
issue, dated December 11, 2000, and Revision 01, dated July 16, 2001, 
of that service bulletin, as acceptable sources of service information 
for McDonnell Douglas Model DC-10-10, -10F, -15, -30, -30F, -30F (KC10A 
and KDC-10), -40, and -40F airplanes; and Model MD-10-10F and -30F 
airplanes. Revision 02 of the service bulletin contains no new 
procedures, but adds a single airplane, which was inadvertently omitted 
from previous issue of the service bulletin, to the effectivity 
listing.
    The FAA has revised applicable paragraphs of this final rule to 
refer to Revision 02 as an acceptable source of service information. 
However, the applicability statement of this final rule continues to 
refer to Boeing Alert Service Bulletin DC10-28A228, including Appendix, 
Revision 01. Because the effectivity listing of Revision 02 adds an 
airplane, we find that requiring accomplishment of the actions in this 
AD on that airplane would necessitate issuance of a supplemental notice 
of proposed rulemaking and re-opening of the comment period. 
Considering the nature of this unsafe condition and the number of 
airplanes in the affected fleet, we find that it would be inappropriate 
to delay issuance of this final rule in this way. The FAA may consider 
additional rulemaking to require accomplishment of the actions in this 
AD on the airplane added to Revision 02 of the referenced service 
bulletin.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.

Allow Use of Equivalent Equipment

    Three commenters, together with the Air Transport Association of 
America (on behalf of its members), note that the proposed AD specifies 
the use of a Quadtech 1864 megohm meter for the electrical continuity 
and resistance tests that would be required by paragraph (a) of the AD. 
The commenters note that the referenced service bulletins allow the use 
of an equivalent megohm meter that meets current and voltage 
requirements. One of the commenters explains that it is common for test 
equipment to change frequently and the required model specified in the 
AD may not be available in the future.
    The FAA concurs that an equivalent megohm meter that meets current 
and voltage requirements, as specified in the applicable referenced 
service bulletin, is acceptable for doing the required tests. We have 
revised paragraph (a) of this final rule accordingly.

Extend Compliance Time

    Two commenters, as well as the Air Transport Association on behalf 
of their members, request that we extend the compliance time for the 
initial inspection from the proposed period of six months after the 
effective date of the AD. One commenter asks for 12 months and another 
for 18 months on the basis that the proposed compliance time may not be 
sufficient to allow operators to do the requirements during scheduled 
maintenance. The commenter that requests 18 months states that such an 
extension would provide an acceptable level of safety. As its 
rationale, the commenter notes that it is not aware of any previous 
incidents of arcing of the connectors that occurred without 
corresponding fuel boost/transfer pump circuit protection, and a low-
fuel-pressure light illuminated during these incidents. Further, the 
commenter explains that another AD has mandated new cockpit procedures 
that eliminate the possibility of continued arcing and significantly 
reduce the likelihood of an ignition source in the fuel tank in the 
event of a pump failure.
    We do not concur. The intent of the proposed tests and inspections 
is to find and fix arcing damage or installation defects of the boost/
transfer pump, pump connector, and associated wiring, in order to 
minimize pump failures or subsequent damage. In the continuing 
investigation of arcing damage of pumps and connectors, we have found 
other instances of arcing that occurred without fuel boost/transfer 
pump circuit protection and without cockpit indication that arcing 
damage has occurred. Because of the continuing incidents of arcing 
damage during operation, we find that it would be inappropriate to 
extend the compliance time for the requirements of this AD. No change 
to the final rule is necessary in this regard.

[[Page 45055]]

Revise Cost Impact

    Two commenters request that we revise the estimated cost impact of 
the proposed AD. They state that the estimate of 65 work hours and a 
total cost of $3,900 per airplane is low. The commenters want the cost 
estimate to include the cost for repairing pumps and replacing wiring 
harnesses. One commenter stresses the poor reliability of the boost 
pump housing check valves.
    We do not concur. The cost impact estimate in AD actions is limited 
to the cost of actions actually required by the rule. It does not 
consider the costs of ``on condition'' actions, such as repair or 
replacement (``corrective actions, if necessary''). Such ``on-
condition'' repair actions would be required to be accomplished, 
regardless of AD requirements, in order to correct an unsafe condition 
identified in an airplane and to ensure operation of that airplane in 
an airworthy condition, as required by the Federal Aviation 
Regulations. No change to the final rule is necessary in this regard.

Explanation of Changes to Final Rule

    The FAA has revised the applicability statement in this final rule 
to identify model designations as published in the most recent type 
certificate data sheet for the affected models. We have also revised 
related model designations in the preamble.
    Also, for clarification, we have revised the definition of a 
``general visual inspection'' in this final rule.
    Also, we have revised Note 1 of this final rule to clarify that 
airplane FUEL TANKS on which the fuel/boost pump and wiring connector 
have been removed and the fuel tank made inoperable are not subject to 
the requirements of this AD.

Conclusion

    After careful review of the available data, including the comments 
noted above, the FAA has determined that air safety and the public 
interest require the adoption of the rule with the changes previously 
described. The FAA has determined that these changes will neither 
increase the economic burden on any operator nor increase the scope of 
the AD.

Interim Action

    This is considered to be interim action. The manufacturer has 
advised that it currently is developing a modification that will 
address the unsafe condition addressed by this AD. Once this 
modification is developed, approved, and available, the FAA may 
consider additional rulemaking.

Cost Impact

    There are approximately 399 Model DC-10-10, -10F, -15, -30, -30F, -
30F (KC10A and KDC-10), -40, and -40F airplanes; and Model MD-10-10F 
and -30F airplanes; of the affected design in the worldwide fleet. The 
FAA estimates that 313 airplanes of U.S. registry will be affected by 
this AD, that it will take approximately 65 work hours per airplane to 
accomplish the required tests and inspections, and that the average 
labor rate is $60 per work hour. Based on these figures, the cost 
impact of this AD on U.S. operators of these airplanes is estimated to 
be $1,220,700, or $3,900 per airplane, per test or inspection cycle.
    There are approximately 179 Model MD-11 and -11F airplanes of the 
affected design in the worldwide fleet. The FAA estimates that 115 
airplanes of U.S. registry will be affected by this AD, that it will 
take approximately 78 work hours per airplane to accomplish the 
required tests and inspections, and that the average labor rate is $60 
per work hour. Based on these figures, the cost impact of this AD on 
U.S. operators is estimated to be $538,200, or $4,680 per airplane, per 
test or inspection cycle.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted. The cost impact figures discussed 
in AD rulemaking actions represent only the time necessary to perform 
the specific actions actually required by the AD. These figures 
typically do not include incidental costs, such as the time required to 
gain access and close up, planning time, or time necessitated by other 
administrative actions.

Regulatory Impact

    The regulations adopted herein will not have a substantial direct 
effect on the States, on the relationship between the national 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, it 
is determined that this final rule does not have federalism 
implications under Executive Order 13132.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979); and (3) will not have a 
significant economic impact, positive or negative, on a substantial 
number of small entities under the criteria of the Regulatory 
Flexibility Act. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration amends part 39 of 
the Federal Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.


Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

2002-13-10  McDonnell Douglas: Amendment 39-12798. Docket 2001-NM-
46-AD.

    Applicability: Model DC-10-10, -10F, -15, -30, -30F, -30F (KC10A 
and KDC-10), -40, and -40F airplanes, and Model MD-10-10F and -30F 
airplanes; as listed in Boeing Alert Service Bulletin DC10-28A228, 
including Appendix, Revision 01, dated July 16, 2001; and Model MD-
11 and -11F airplanes, as listed in Boeing Alert Service Bulletin 
MD11-28A112, including Appendix, dated December 11, 2000; 
certificated in any category.

    Note 1: Airplane fuel tanks on which the fuel/boost pump and 
wiring connector have been physically removed and the fuel tank made 
inoperable are NOT subject to the requirements of this AD.


    Note 2: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
otherwise modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (c) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.

[[Page 45056]]

    To prevent arcing of connectors of the fuel boost/transfer pump, 
which could result in a fire or explosion of the fuel tank, 
accomplish the following:

Repetitive Tests and Inspections

    (a) Within 6 months after the effective date of this AD, do 
tests (using a digital multi-meter and Quadtech 1864 megohm meter or 
an equivalent megohm meter that meets current and voltage 
requirements, as specified in the applicable service bulletin) for 
electrical continuity and resistance and general visual inspections 
to detect discrepancies (e.g., damage, arcing, loose parts, wear) of 
the fuel boost/transfer pump (alternating current pumping unit) by 
accomplishing all the actions specified in the Accomplishment 
Instructions of Boeing Alert Service Bulletin MD11-28A112, including 
Appendix, dated December 11, 2000 (for Model MD-11 and -11F 
airplanes); or Boeing Alert Service Bulletin DC10-28A228, including 
Appendix, dated December 11, 2000, or Revision 01, dated July 16, 
2001, or Revision 02, dated December 7, 2001 (for Model DC-10-10, -
10F, -15, -30, -30F, -30F (KC10A and KDC-10), -40, and -40F 
airplanes, and Model MD-10-10F and -30F airplanes); as applicable. 
Repeat the tests and inspections thereafter every 18 months.

    Note 3: For the purposes of this AD, a general visual inspection 
is defined as: ``A visual examination of an interior or exterior 
area, installation, or assembly to detect obvious damage, failure, 
or irregularity. This level of inspection is made from within 
touching distance unless otherwise specified. A mirror may be 
necessary to enhance visual access to all exposed surfaces in the 
inspection area. This level of inspection is made under normally 
available lighting conditions such as daylight, hangar lighting, 
flashlight, or droplight and may require removal or opening of 
access panels or doors. Stands, ladders, or platforms may be 
required to gain proximity to the area being checked.''

Corrective Actions, If Necessary

    (b) If the result of any test required by paragraph (a) of this 
AD is outside the limits specified in the applicable service 
bulletin identified in that paragraph, or if any discrepancy is 
detected during any inspection required by paragraph (a) of this AD, 
before further flight, accomplish corrective actions (e.g., 
replacement of connector/wire assembly with serviceable connector/
wire assembly, and replacement of the pump with a serviceable fuel 
boost/transfer pump), as applicable, in accordance with the 
Accomplishment Instructions of Boeing Alert Service Bulletin MD11-
28A112, including Appendix, dated December 11, 2000 (for Model MD-11 
and -11F airplanes); or Boeing Alert Service Bulletin DC10-28A228, 
including Appendix, dated December 11, 2000, Revision 01, dated July 
16, 2001, or Revision 02, dated December 7, 2001 (for Model DC-10-
10, -10F, -15, -30, -30F, -30F (KC10A and KDC-10), -40, and -40F 
airplanes, and Model MD-10-10F and -30F airplanes); as applicable.

Alternative Methods of Compliance

    (c) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Los Angeles Aircraft Certification 
Office (ACO), FAA. Operators shall submit their requests through an 
appropriate FAA Principal Maintenance Inspector, who may add 
comments and then send it to the Manager, Los Angeles ACO.

    Note 4: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Los Angeles ACO.

Special Flight Permits

    (d) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

Incorporation by Reference

    (e) The actions shall be done in accordance with Boeing Alert 
Service Bulletin MD11-28A112, including Appendix, dated December 11, 
2000; Boeing Alert Service Bulletin DC10-28A228, including Appendix, 
dated December 11, 2000; Boeing Alert Service Bulletin DC10-28A228, 
including Appendix, Revision 01, dated July 16, 2001; or Boeing 
Alert Service Bulletin DC10-28A228, including Appendix, Revision 02, 
dated December 7, 2001; as applicable. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from Boeing Commercial Aircraft Group, Long Beach Division, 
3855 Lakewood Boulevard, Long Beach, California 90846, Attention: 
Data and Service Management, Dept. C1-L5A (D800-0024). Copies may be 
inspected at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, Washington; at the FAA, Los Angeles Aircraft 
Certification Office, 3960 Paramount Boulevard, Lakewood, 
California; or at the Office of the Federal Register, 800 North 
Capitol Street NW., Suite 700, Washington, DC.

Effective Date

    (f) This amendment becomes effective on August 12, 2002.

    Issued in Renton, Washington, on June 25, 2002.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 02-16531 Filed 7-5-02; 8:45 am]
BILLING CODE 4910-13-P